A lack of conformity with the General Plan and any master development plan, specific plan, or precise road plan.

An exception or deviation from any zoning regulation in this Development Code; or

An approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

Parcel Map. The filing and approval of a parcel map (Chapter 16.192) shall be required for a subdivision creating four or fewer parcels and a subdivision that qualifies as an exception (Section 66426), in compliance with the Map Act, except for the following subdivisions:

Final Map. The filing and approval of a final map (Chapter 16.192) shall be required for a subdivision of five or more parcels.

The size of each sheet shall be minimum of 18 inches by 26 inches and a maximum of 24 inches by 36 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equal to 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets are used, a key sheet shall be included.

A title which shall contain the tract or parcel number, subdivision name, and type of subdivision.

The name and address of legal owner, developer, and person preparing the map, including registration or license number.

Sufficient legal description to define the boundary of the proposed subdivision.

Legend: date, north arrow, bar scale, contour interval, and source and date of existing contours.

Existing land use.

A vicinity map showing roads, adjoining subdivisions, drainage ways, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community.

Existing topography of the proposed site and at least 100 feet beyond its boundary, including but not limited to:

The location and size of all existing sanitary sewers, water mains, storm drains, pump stations and detention basins. Identify which lines are public and which are private.

Proposed improvements to be shown shall include, but not be limited to:

All lettering size shall be a one-tenth (0.10) inch minimum.

Signature block as required by the City.

If the developer plans to develop the site in units such that multiple final maps will be filed following the approval of a single tentative map, the proposed units and their proposed sequence of construction shall be shown in compliance with the Map Act (Section 66456.1).

Time Limits for Referrals. As required by the Map Act (Sections 66453 through 66455.7), referral shall occur within five days of determining that the tentative map or tentative parcel map application is deemed complete in compliance with Section 16.84.050 (Initial application review and environmental assessment) of this Development Code.

Required Referrals. The Director shall refer tentative map and tentative parcel map applications for review and comment to each of the following agencies expected to provide service to the proposed subdivision.

Presumption. Along with the subdivision application referral, the Department shall include notification that if no written response to the referral is received within the designated due date for comments stated on the referral, the City shall presume that no recommendations or comments are forthcoming.

The Director shall review and evaluate each tentative map or tentative parcel map as to its compliance and consistency with applicable provisions of this Development Code, the General Plan, any applicable specific plan or master utility plan, and the Map Act;

The Director shall determine the extent to which the proposed subdivision complies with the findings identified in Section 16.188.060 (Findings and decision); and

After determining the applications to be in compliance with the required findings, the Director shall refer the tentative map or tentative parcel map to the Development Review Committee (DRC).

Review. Review the tentative map for:

Recommend. Make a recommendation for approval, approval with conditions, or disapproval to the Director.

Tentative Parcel Maps (Four or Less Parcels). Except as modified by this chapter, the Director shall notice and approve, conditionally approve, or disapprove a tentative parcel map for four or less parcels in accordance with Section 16.88.050(B) (Administrative review procedure). The Director:

Required Findings for Approval. The Review Authority may approve a tentative map or tentative parcel map only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Map Act Section 66473.5), and any applicable specific plan, precise road plan, or master development plan, and that none of the findings for disapproval in subsection B of this section, can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with the Map Act (Section 66424.6), and the environmental determination in compliance with Section 16.88.070 (Environmental determination).

Supplemental Findings. In addition to the findings required for approval of a tentative map or tentative parcel map by subsection(A)(1) of this section, the Review Authority shall not approve a tentative map or tentative parcel map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable specific plan or master development plan;

The site is not physically suitable for the type or proposed density of development;

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat;

The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;

The design of the subdivision or the type of improvements would conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision.

The discharge of sewage from the proposed subdivision into the regional sewer system could result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the developer has failed to provide sufficient information to the satisfaction of the City Engineer or the Review Authority that the conditions can be corrected in the plan for the development; or

The proposed subdivision is not consistent with:

Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

Mitigate or eliminate environmental problems identified through the environmental review process, except where a statement of overriding consideration has been adopted in compliance with CEQA;

Carry out the specific requirements of Chapter 16.72 (Public Improvements) of this Development Code;

Secure compliance with the requirements of this Development Code and the General Plan;

Require public access through the subdivision to public waterways, rivers, streams, shorelines, lakes and reservoirs, and the dedication of public easements along the banks of rivers and streams, in compliance with the Map Act (Sections 66478.1 through 66478.14); and

Require the waiver of direct access rights to any existing or proposed streets in compliance with the Development Code and/or as required by the Director.

The reservation or dedication of sites for public facilities, including fire stations, parks, libraries, and other public uses in compliance with the Map Act (Chapter 4, Article 4);

Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate;

Any other conditions deemed necessary by the Review Authority to:

Require the formation of a maintenance entity to maintain those improvements included in Government Code Section 22500, also known as the Landscaping and Lighting Act of 1972.

Application Content. The vesting tentative map or vesting tentative parcel map shall include the following information in addition to that required by Section 16.188.030 (Preparation and contents):

Findings for Approval. The approval of a vesting tentative map or vesting tentative parcel map shall not be granted unless the Review Authority first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map or tentative parcel map approval by Section 16.188.060 (Findings and decision).

The approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development of the subdivided parcels in substantial compliance with the ordinances, policies, and standards (excluding fees) as identified in the Map Act (Section 66498.1).

If Map Act Section 66474.2 is repealed, approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the map is approved or conditionally approved.

Subsequent building or use permits, extensions of time, or other entitlements filed on parcels created by the subdivision may be conditioned or disapproved only if the Review Authority determines that:

Fees charged for building or land use permits, filed after the approval of a vesting tentative map or vesting tentative parcel map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Building or land use permit application contents shall comply with City requirements in effect at the time the subsequent application is filed.

An initial time period of 24 months from the date of recordation of the parcel or final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if processing exceeds 30 days from the date the application is accepted for processing as complete.

The developer may apply for a 12-month extension at any time before the initial 24 months expires. Application for an extension shall be submitted to the Department and shall be accompanied by the required fee. The Council shall approve or disapprove any request for extension.

If the developer submits a complete application for a building permit during the periods of time specified in subsections (F)(1) and (F)(2) of this section, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.

At the end of 24 months, the approval shall expire and become void unless:

Expiration of an approved tentative map or tentative parcel map or vesting tentative map or vesting tentative parcel map shall terminate all proceedings. A new tentative map or new tentative parcel map application shall be filed for any future division of the property.

Tentative Maps or Tentative Parcel Maps and Vesting Tentative Maps or Vesting tentative Parcel Maps. The Commission (in the case of a tentative map) or the Director (in the case of a tentative parcel map) may:

Tentative Maps With Multiple Final Maps. The following provisions regarding automatic extensions of time, or later enacted State law provisions that supercede the following, shall apply.

Effect of Changes on Time Limits. Approved amendments to an approved tentative map or tentative parcel map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits of the original, approved tentative map provided by subsection B of this section (Time limits and expiration of approved tentative map).

A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 16.192 (Parcel Maps and Final Maps), to complete the subdivision, unless a parcel map has been waived in compliance with Section 16.192.020(A)(1) (Waiver of parcel map).

A final map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 16.192 (Parcel Maps and Final Maps), to complete the subdivision.

Waiver. A developer may request a waiver of a parcel map, and the waiver may be granted, in compliance with this section and the Map Act (Sections 66428 et seq.).

Form and Content. A parcel map shall be prepared by or under the direction of a person licensed and authorized to practice land surveying in the State of California. The form and content of the parcel map shall conform to the Map Act and the requirements of subsection (B)(1) of this section (Final map—Form and content). parcel map submittal shall include the application forms, a digital copy of the map prepared using computer software and standards specified by the City Engineer, the map fee, and all information and other materials prepared as required by the City Engineer.

Approval. After determining that the parcel map is in conformance with the approved tentative map and is technically correct, the City Engineer shall approve the parcel map and forward the map to the County Recorder for filing in compliance with the Map Act (Section 66450). If a dedication or offer of dedication is required on the parcel map, the City Engineer shall accept the dedication.

Additional Information. The following data, plans, reports and documents shall be submitted with the final map.

Approval. After determining that the final map is in conformance with the approved tentative map and is technically correct, the City Engineer shall execute the City Engineer's certificate on the map in compliance with the Map Act (Section 66442), and forward the final map to the Council for action, as follows:

Title. A title, including the number assigned to the accompanying parcel or final map by the City Engineer, the words "Supplemental Information Sheet;"

Explanatory Statement. A statement following the title that the supplemental information sheet is recorded along with the subject parcel or final map, and that the additional information being recorded with the Parcel or final map is for informational purposes, describing conditions as of the date of filing, and is not intended to affect record title interest;

Location Map. A location map, at a scale not to exceed one inch equals 1,200 feet. The map shall indicate the location of the subdivision within the City;

Areas Subject to Flooding. Identification of all lands within the subdivision subject to periodic inundation by water;

Soils or Geologic Hazards Reports. When a soils report or geological hazard report has been prepared, the existence of the report shall be noted on the information sheet, together with the date of the report and the name of the engineer making the report; and

Information Required by Conditions of Approval. Any information required by the approval body to be included on the supplemental information sheet(s) because of its importance to potential successors in interest to the property, including any other easements or dedications.

Form and Contents. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of Section 16.192.020(A) if a parcel map, or Section 16.192.020(B), if a final map. The certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction.

Submittal and Approval by the City Engineer. The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval.

Fee. The fee for checking, processing and recording the amended map or certificate of correction shall be in compliance with the Council's fee resolution.

The characteristics of a recorded parcel map or final map for an approved subdivision, including but not limited to the number or configuration of parcels, location of streets or easements, or the nature of required improvements, the construction of which has been deferred through the approval of an agreement in compliance with Section 16.72.070 (Improvements (plans, agreements and security)), a new tentative and parcel or final map shall be filed and approved as required by Section 16.184.020 (Type of subdivision approval required) or a lot line adjustment or lot merger shall be filed in compliance with Chapter 16.200 (Lot Line Adjustment, Lot Mergers, and Reversion to Acreage).

Any conditions of a tentative map that are part of a subdivision agreement for a recorded parcel map or final map shall require the review and consideration of the Council, in compliance with Government Code Section 66472.1.

The intention to convert at least 60 days prior to the filing of a tentative map;

Approval of a final map for the proposed conversion within 10 days of the approval;

Intention to convert 180 days prior to termination of tenancy due to the conversion; and

An exclusive right to contract for the purchase of his or her respective unit for at least 90 days from the date of issuance of the subdivision public report.

An application for a condominium conversion permit shall be filed with the Director on the forms provided by the Department, and shall include all additional information and materials required by the Department. The application shall be accompanied by the fee established by the Council's fee resolution to cover the cost of processing the application and accompanying documents.

The applicant shall also submit a report setting forth all repairs and replacements necessary, if any, to immediately place the buildings in substantial compliance with the California Building Standards Code as it existed at the time of construction of the project, and the City's Fire Code and Housing Code as they exist at the time of application for the condominium conversion permit.

Meters and Control Valves. Gas and electricity shall be separately metered for each unit. The Planning Commission may waive this requirement upon finding that conversion is necessary or highly conducive to the rehabilitation or restoration of historic buildings (e.g., landmarks and structures of merit).

Laundry Facilities. Each unit shall be plumbed and wired for laundry facilities or shall have access to common laundry facilities within the project.

Smoke Detectors. Each unit shall be provided with approved smoke detectors.

Condition of Equipment and Appliance Within Units. The applicant shall supply a written certification to the buyer of each unit on the initial sale of the converted unit stating that every dishwasher, garbage disposal, stove, refrigerator, hot water tank, and air conditioner included within the unit is in working condition, and shall provide a one-year warranty covering major repairs on all appliances and equipment.

Fire Walls. Fire walls for residential condominiums shall meet existing building code standards for the type of condominium proposed.

Notice. Notification of the hearing shall be mailed to existing tenants of the project at least 10 days prior to the hearing.

Findings. The Planning Commission shall not approve any condominium conversion project without first making the following findings:

Application Denial. Any pattern of unjust evictions, or any unreasonable rent increase or pattern of unreasonable rent increases in the proposed project within 18 months prior to application for a condominium conversion permit may be grounds for denial of the application.

Moving Assistance. Every elderly or handicapped tenant, or families with school age children, or families in the extremely low-, very low-, low-, and moderate-income brackets, shall receive active assistance from the permittee in finding comparable housing. All existing tenants whose tenancies have been terminated for the purpose of converting or selling their units shall receive reimbursement by permittee for moving costs not to exceed one month's rent. In lieu of cash payments, permittee shall have the option of providing the equivalent reimbursement in free rent.

Relocation. Elderly (62 years of age), low-income, or handicapped tenants shall not be required to move from the project due to the conversion, nor be subjected to unreasonable rent increases. However, if a tenant's 90-day exclusive right to purchase his or her unit expires or the tenant has provided written notice of his or her intention not to exercise the exclusive right to purchase his or her unit, the permittee may sell the unit to a third party with an express condition in the sales agreement or deed of trust that the buyer shall guarantee the existing tenants' rights to remain in the project and not be subject to the unreasonable rent increases.

Tenant Release. The filing of a tentative map or tentative parcel map and/or application for a condominium conversion permit, and notice to the tenants of the application, shall release any tenant desiring to move before the expiration of his or her lease from any durational requirements other than 30-days' written notice to the landlord.

Post-Conversion Tenants. Any person who rents or leases a unit in a project for which an application for a condominium conversion permit has been filed, shall be informed of the proposed conversion in writing prior to taking tenancy. The tenant is not eligible for the tenant protections provided by this Subdivision Ordinance for "existing tenants."

Use of Common Facilities. Existing tenants shall retain all privileges relating to the use of the pools, jacuzzis, saunas, laundry facilities, and other common facilities, in compliance with the terms of their existing leases or rental agreements.

Cooling-Off Period. Any tenant or other prospective buyer who signs a binding agreement for purchase shall be released without penalty from that obligation if, within 72 hours, the buyer notifies the seller in writing of his or her desire to rescind the agreement.

Tenant Discounts. Each of the existing tenants of the proposed condominium conversion project shall be given notice that they have exclusive right to contract for the purpose of purchasing the unit they presently occupy under the same terms and conditions that the unit will be initially offered to the general public, or terms more favorable to the tenant. This exclusive right to purchase shall run for a period of not less than 90 days from the date of the issuance of the Department of Real Estate public report, or approval of a condominium conversion permit under this Development Code, whichever is later.

Pest Report. Prior to the signing of any binding agreement for purchase, a structural pest report shall be made available to the prospective purchaser.

No more parcels are created than originally existed;

No additional lots or building sites are created; and

The lot line adjustment shall not result in the creation of an additional substandard lot, nor in a decrease in the size of an existing substandard lot.

Application Content. A lot line adjustment application shall include all information and other materials required by the City Engineer.

Processing. Lot line adjustment applications shall be submitted with the required fee to the City Engineer for review and processing. The City Engineer shall review the application for completeness and accuracy before accepting it as being complete.

Ministerial Action. Approval of lot line adjustments, lot mergers, and reversions to acreage is a ministerial action that is not subject to the CEQA Guidelines and the City's CEQA Guidelines in compliance with Section 16.88.040 (Environmental determination).

The Director and City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this Development Code.

The City Engineer may approve or deny the lot line adjustment in compliance with this section. Decisions by the City Engineer may be appealed to the Council in compliance with Chapter 16.100 (Appeals) of this Development Code.

The adjustment will have the effect of creating a greater number of parcels than existed before adjustment;

Any parcels resulting from the adjustment will be in conflict with any applicable provisions of this Development Code;

The adjustment will result in an increase in the number of nonconforming parcels; or

The adjustment will decrease the size of an existing substandard lot.

Conform the adjustment and proposed parcels to the requirements of this Development Code and the Building Code;

Require the prepayment of real property taxes prior to the approval of the lot line adjustment; or

Facilitate the relocation of existing utilities, infrastructure, or easements.

Completion by Deed. A lot line adjustment shall not be effective until a deed signed by the record owners has been recorded. The applicant shall submit deeds to the City Engineer for review and approval in compliance with subsection (F)(3) of this section (Review and approval by city engineer), before recordation of the grant deed. The legal descriptions provided in the deeds shall be prepared by a person authorized to practice land surveying in the State.

Completion by Record of Survey. If required by the Business and Professions Code (Sections 8762 et seq.), a lot line adjustment shall not be effective or final until a record of survey has been checked by the City Engineer and the County Surveyor, and recorded by the County Recorder.

Review and Approval by City Engineer. Following approval of the lot line adjustment, the City Engineer shall:

Review. The lot merger application shall be reviewed for completeness and accuracy, and reviewed in compliance with Chapter 16.84 (Application Filing, Processing, and Fees) of this Development Code.

Ministerial Action. Approval of a lot merger is a ministerial action that is not subject to the CEQA Guidelines and the City's CEQA Guidelines in compliance with Section 16.88.040 (Environmental determination).

Conditions of Approval. In approving a merger, the City may impose reasonable conditions. The reasonableness of conditions may be appealed to the Council within 10 days of written notice of the conditions, in compliance with Chapter 16.100 (Appeals).

Completion of Merger. Upon approval, a notice of lot merger shall be filed with the County Recorder. The form and content of the notice shall be as required by the City Engineer.

Upon making a determination that the real property complies with the provisions of the Municipal Code or the Map Act, the City Engineer shall cause a certificate of compliance to be filed for record with the County Recorder. The certificate of compliance shall identify the real property and shall state that the division of land complies with applicable provisions of the Stockton Municipal Code and the Map Act.

If the City Engineer determines that the real property does not comply with the provisions of the Stockton Municipal Code or Map Act, the City Engineer may, as a condition to granting a certificate of compliance, impose conditions. Upon making a determination and establishing conditions, the City Engineer or authorized representative shall file a conditional certificate of compliance for record with the County Recorder. The certificate shall serve as notice to the property owner who has applied for the certificate, a grantee of the property owner, or any subsequent transferee to assignee of the property, that the fulfillment and implementation of the conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

Compliance with the conditions shall not be required until a permit or other grant of approval for development of the property is issued.

Boundary monuments shall be set on the exterior boundary of the subdivision at all corners, angle points, beginnings and ends of curves and at intermediate points approximately 1,000 feet apart. The locations of inaccessible points may be established by ties and shall be so noted on the final map or parcel map.

All exterior boundary monuments shall be set prior to recordation of the final map or parcel map or as certified on the final map or parcel map.

All block and lot corners and angle points;

The beginnings and ends of curves;

Points of intersection with centerlines of other existing and proposed streets and alleys; and

The points of intersection with the exterior boundary lines.